Employment Benefits Denial / Termination to Prevent Vesting

The Scharfman Law Firm, PLLC represents clients in employment benefits denial claims all over Texas, and is an aggressive advocate for our clients and their rights. We are committed to helping employees fight for their rights when they have been unlawfully denied benefits.

A Plan participant and/or beneficiary may be protected under the Employee Retirement Income Security Act of 1974 (“ERISA”) for a denial of or miscalculation of certain health and welfare benefit plans; such as the following examples:

  • Retirement Plans, such as 401(k) and 403(b) Plans;
  • Health Insurance Plans;
  • Long Term Disability Plans;
  • Short Term Disability Plans;
  • Severance Plans;
  • Profit Sharing Plans; or
  • Stock Purchase and Stock Option Plans.

An employer also cannot interfere with an eligible employee’s right to attain vested benefits.  For example, if an employee is about to obtain vesting in his/her retirement benefits, an employer cannot terminate an employee with the specific intent to prevent that employee from being vested.

A Plan Participant may make a written request to the appropriate Plan Administrator of such Plan to request a copy of all applicable Plan documents and files relating to the Participant.  The Plan Administrator must provide such properly requested documents within 30 days or face being subjected to a civil penalty of up to $110 per day for each violation payable to the Participant by a Court.

Certain administrative deadlines and/or statutes of limitations apply to these claims.

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